Canada Immigration News

Was your mother or father born or naturalized in Canada? Under recent amendments to Canada’s Citizenship Act, nearly all persons whose parent was born or naturalized in Canada are now Canadian citizens. This is true even if your parent left Canada as a child; married an American citizen (or other non-Canadian); or became a U.S. citizen (or citizen of another country). These new laws apply to the first generation born abroad. So if your mother or father was born in Canada you are likely a citizen. However, with some important exceptions, your own children are generally not Canadian citizens if…

On February 20, 2019 , the Trump administration submitted a new proposed regulation for final review by the Office of Management and Budget. The new regulation would abolish the so-called “H-4 EAD.” The H-4 EAD is an open work permit that is available to spouses of H-1B specialty workers who have advanced to a specific stage in the drawn out U.S. Green Card process. The H-4 EAD is an important benefit to H-1B workers and spouses who are citizens of India or China. These workers typically wait ten years or more for their immigrant visas to become available due to…

After the lowest ever Express Entry draw was held on May 31, 2017, with a cutoff of 413, recent draws have risen to the low to mid 440s, including a draw of 443 on January 23, 2019. (A few draws have been a little higher or lower based mainly on the timing of the draws.) These levels are still readily attainable by persons with strong language test results, a bachelor’s degree or better, and several years of work experience. Most applications continue to be processed very rapidly in six months or less. We consider it likely that the cutoffs may…

We receive many inquiries from U.S. citizens, H-1B visa holders, DACA recipients, and other persons living in the U.S. who want to move to Canada in response to the election of Donald Trump as President of the United States. The election was closely followed by the Muslim Travel Ban, DACA cancellation, separating families at the southern border, and most recently shutting down the government over a phony “crisis” on the Mexico border. Many are shocked by the dangerous actions of the Trump administration, including Trump’s support for white supremacists, banning transgendered persons from the military, and withdrawal from the Paris…

Beginning October 17, 2018, marijuana will be legal in Canada. Canadians will be allowed to possess up top 30 grams of legally produced marijuana, and allowed to grow up to 4 cannabis plants per household. This new law will create many complicated immigration questions, particularly issues arising under U.S. law. US immigration issues include the following: Will persons who admit to the legal use of marijuana in Canada be prevented from entering the U.S.? There is a good chance the answer is yes, due to the prohibition of persons who are “drug addicts or abusers.” However, use of marijuana in…

On April 16, 2018, Canada Immigration Minister Ahmed Hussen announced a major change to the rules that govern admissibility of immigrants to Canada who may have medical conditions that may cause an “excess demand” on Canada’s health system. Under current law, persons who would cost the government more than the average amount for health services are inadmissible, unless they are the spouses or children of Canadians. Under the new rules, expected to go into effect June 1, 2018, the amount will be increased to three times the average amount. This would increase the possible expense to about $20,000 CAD per…

As of October 24, 2017, Canada’s definition of a “dependent child” will be changed from “under 19” to “under 22” for all of Canada’s immigration programs. This means that applicants for permanent residence under Express Entry as well as Family Class applicants can include their children who are under 22 as of the date of the application. For the last three years the age of dependency had been reduced to under 19.

Beginning October 11, 2017, becoming a Canadian citizen got a lot easier. For applications filed on or after that date, the residency requirement has been reduced from four years out of the last six, to three years (1095 days) out of the last five. In addition, the requirement to be present for 183 days in each year has been removed, as long as the total days are met. Also, applicants can now count one half the days spent in Canada before becoming a permanent resident, up to a total of 365 days. As a result, a person who has been…

On June 12, 2017, Canada announced a new “global skills strategy” that will make it easier and faster to get work permits for certain foreign workers. The strategy has four components (referred to as “pillars” in the government announcements). They are as follows: Workers coming to Canada for brief periods will be authorized to work without an LMIA or work permit. This provision applies to management and skilled employees classified as NOC 0 or NOC A. The employment will be permitted for one 30 day period every 12 months, or one 15 day period every six months. Certain university researchers…

On June 19, 2017, Canada’s new citizenship law receive Royal Assent, the final step in the legislative process. This is an amendment to existing Canadian citizenship law. The law, known as C-6, will make it easier for many people to attain Canadian citizenship. The law goes into effect in stages. As of June 19, persons applying for citizenship are no longer required to have the intent to live in Canada, making it easier for new Canadian citizens to live or work outside of Canada. Also, the age restrictions for applying for Canadian citizenship have been removed, so that minors can…